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Trademark News
Commission Files Comments With The U.S. Patent And Trademark Office
Filing of Commission comments: The Commission has filed comments with the U.S. Patent and Trademark Office (PTO) regarding proposed rules governing continuation practice. The comments were filed in response to a January 3, 2006, statement of proposed rulemaking in which the PTO proposed to revise certain patent rules of practice pertaining to continued examination practice, as set forth in title 37 of the Code of Federal Regulations. By filing a continuation, a patent applicant may obtain the patent examiner’s further consideration of the pending claims, and the opportunity to amend the claims or present additional arguments and evidence supporting patentability.
According to the comments, the FTC supports the PTO’s proposed rules on continuations – and urges their adoption – as they accommodate the legitimate uses of continuations, limit abuses that can harm the competitive process, and promote the patent system’s ability to provide incentives to innovate to the extent they reduce the pendency of patent applications.
An International Trademark Is Registered Country by Country
In international trade, the mark must be registered on a country by country basis. Federal registration provides nationwide priority rights and offers federal court protection against infringement.
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Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.
Filing Basis
Definition:
The legal basis for filing an application for registration of a mark. The Trademark Act sets out five filing bases, and an applicant must specify and meet the requirements of one or more bases before the mark will be approved for publication for opposition or registration on the Supplemental Register.
OLIA
Definition:
Office for Legislative and International Affairs - currently known as Administrator for External Affairs, comprised of Office of International Relations, Office of Congressional Relations, and Office of Enforcement
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